Denial of equitable relief can suffice for interlocutory appeal despite pendent unresolved damages.
Sufficient standing for the owner where owner leases to a party who leases to another party for use barred by the action in question.
Claim arising from municipality's barring of the use is moot, as the lessee's planned use would always have violated governing law, so enforcement of the municipal regulation is not barred by the vested rights doctrine; an earlier finding of licit use does not bind under law of the case, as it is a subjective, discretionary consideration of jurisdiction, and there is no indication that the earlier finding considered the relevant statute.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-29/C:16-1989:J:Hamilton:aut:T:fnOp:N:2178625:S:0
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.